Creighton Law Review Symposium: Alternative Dispute Resolution in the Business Setting

Creighton Law Review Symposium: Alternative Dispute Resolution in the Business Setting
Friday, February 26, 2021 - 12:00pm - 5:00pm

The Creighton University School of Law and Creighton Law Review present the annual Creighton Law Review Symposium. Celebrating the Werner Institute’s 15th anniversary, this year’s topic is Alternative Dispute Resolution in the Business Setting. Learn how to get better results in negotiation, how to effectively mediate and arbitrate online, and how to mitigate risk in drafting arbitration clauses. This outstanding program combines the latest academic research, practitioner expertise, and legal updates on the use of negotiation, mediation, and arbitration in business and the workplace.

Designed For

Lawyers, community members, students

Provided By

Creighton University School of Law
Creighton University Office of Continuing Education
Koley Jessen


Welcome & Recognition of the 15th Anniversary of the Werner Institute at the Creighton University School of Law
Joshua P. Fershée, JD
Dean, Creighton University School of Law

Gail Werner-Robertson, JD
Trustee, Creighton University

12:10-1:10 p.m.
Session 1: Getting the Best Negotiation Results

Every lawyer and business person has developed a negotiation style. But how do you know if you’re getting the best negotiation results? Join our panel to learn how to be a better negotiator.

Harold I. Abramson
Professor of Law, Touro Law Center, New York 
Author of “Fashioning an Effective Negotiation Style: Choosing Between Good Practices, Tactics, and Tricks,” 23 HARV. NEGOT. L. REV. 319 (2018) 

John Lande
Isidor Loeb Professor Emeritus, University of Missouri School of Law and former director of its LLM Program in Dispute Resolution
Co-author of “Litigation Interest and Risk Assessment: Help Your Clients Make Good Litigation Decisions,” Keat, Heavin & Lande, ABA 2020

Moderator: Rachel Goedken 
Director, Werner Institute for Negotiation & Conflict Resolution
Assistant Professor of Law, Creighton University Law School

1:10-1:20 p.m.

1:20-2:20 p.m.
Session 2: Mediation in the Age of COVID and Beyond
Join panelists as they discuss the move to online mediation and the psychological impacts of online lawyering. From an advocate’s decision to mediate online until the settlement agreement, find out what approaches enhance effective advocacy and how technology might influence such psychological factors as fatigue, empathy, perception, and credibility. 

Stephen Gealy
Mediator and Partner, Baylor Evnan    

Jean Sternlight
Michael and Sonja Saltman Professor of Law 
Founding Director of the Saltman Center for Conflict Resolution, University of Nevada – Las Vegas Boyd School of Law
Co-author of “High-Tech Dispute Resolution: Lessons from Psychology for a Post-COVID-19 Era” (forthcoming with Jennifer Robbennolt)

Amy Van Horne
Mediator and Partner, Kutak Rock


2:30-3:30 p.m.
Session 3: Arbitration Law Update
While the traditional reasons behind the use of arbitration over traditional litigation (speed, cost, confidentiality) still apply, recent trends in arbitration highlight other legal risks companies are attempting to avoid or mitigate.  This session will address recent court decisions addressing these trends and the implications for future uses of arbitration.

Tracy DeWald
Chief Risk Officer, Mutual of Omaha/Adjunct Professor, Creighton Law School

Adam Feeney
Partner, Lamson Dugan & Murray LLP

Rachel Goedken
Director, Werner Institute for Negotiation & Conflict Resolution
Assistant Professor of Law, Creighton University Law School

3:30-3:40 p.m.

3:40-4:40 p.m.
Session 4: Online Arbitration: Lessons Learned in the Past Year
Join panelists as they discuss how arbitration has moved online. Professor Amy Schmitz, author of “Arbitration in the Age of Covid: Examining Arbitration’s Move Online,” former Iowa Supreme Court Chief Justice Marsha Ternus, and Michael Pitton, Attorney and Adjunct Professor at the University of Iowa College of Law, discuss how courts have addressed online arbitration proceedings and how arbitration proceedings can be tailored to ensure a safe, timely, and fair resolution of disputes in this age of physical distancing.

Michael Pitton
Pitton Law, Iowa City

Amy Schmitz
Elwood L. Thomas Missouri Endowed Professor of Law
University of Missouri School of Law and the Center for Dispute Resolution 

Marsha Ternus 
Attorney at Law

4:40-4:55 p.m.
Closing Remarks, Evaluation and Adjournment
Hallie Hamilton
Editor in Chief, Creighton Law Review


No cost to attend. 

Education Credit

This program has been approved for 4.0 hours of Continuing Legal Education (CLE) credit in both Nebraska and Iowa. This program is approved for 2.0 hours of Continuing Mediation Education (CME) in Nebraska. 

TePoel Lecture Series

The TePoel Lecture Series is named in honor of Dean Louis TePoel, teacher, scholar, and academic administrator, who served on the Creighton Law School Faculty from 1907 to 1947 and as Dean from 1920 to 1947. Inaugurated in 1975 with a lecture given by Professor Harold J. Berman of the Harvard Law School, the series has featured many legal scholars of national and international reputation. The Law School takes great pride in the TePoel Lecture Series. It is a primary means by which Creighton continues to provide its students and the Omaha community with the best in legal education.

Omaha, NE 68178
United States
Tory Van Heuvelen